Franchise Agreement

The term ‘franchising’ is normally used in connection with either a business format form of franchise or in connection with a product and trade mark franchise.  Under a business format form of franchise, the Franchisor grants to the franchisee not only the right to use the franchisor’s trade marks but also the right to use an entire business format in accordance with which the franchisee must carry on their business.

Franchising in Australia is governed by the Franchising Code of Conduct.  The Franchising Code of Conduct is a mandatory industry code of conduct that has the force of law under the  Competition and Consumer Act 2010 (Cth).

The definition of ‘franchise agreement’ in the Franchising Code of Conduct is wide.  An agreement exhibiting the features specified in Clause 4(1) of the Code, will be a franchise agreement for the purposes of the Code.

This Franchise Agreement Template covers matters required by the Franchising Code including:

·         Interpretation & Definitions

·         Disclosure documents & Cooling off  period

·         Franchisee’s initial obligations

·         Term

·         Renewal

·         Territory

·         The Code

·         Designated representative

·         Training fee

·         Initial capital investment fee

·         Ongoing franchise fee

·         GST

·         Duties of the Franchisor

·         Duties of the franchisee

·         Premises

·         Customer referral

·         Accounts and Financial Records

·         Advertising and marketing

·         Non-Disclosure

·         Business name

·         Manual

·         Sale by franchisor

·         Sale by franchisee

·         Preconditions to consent to sale

·         Termination

·         Consequences of termination

·         Restraint of trade

·         Dispute resolution

·         Notice

·         Cost

·         Independent contractors

Franchise agreement template is approximately 20 pages long and includes gst.

NOW INCLUDED FREE

FRANCHISE CODE OF CONDUCT-  APPROX 80 PAGES